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(영문) 수원지방법원 2016.03.24 2015고정3052
특수협박
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a driver of a passenger car in the Colland.

On June 11, 2015, the Defendant got to turn to the left at a speed of about 30 km per hour, and turn to the left at a speed of about 30 km per hour, from the high-speed apartment room in the flock apartment area recognized by the Sin-Eup, the wife population is located in the Sin-si.

At this time, the defendant, who followed the victim D(WO, 36 years old) was trying to overtake the left-hand turn beyond the center line of the defecter.

From this point of time, the defendant tried to overtake the victim more than twice by driving 50 meters of even 50 meters away from the vehicle after the victim drives and trying to overtake the victim more than twice. Therefore, the defendant failed to overtake the vehicle again, using the gap in which the vehicle is not mistaken from the opposite side, and the damaged vehicle belongs to the speed of the vehicle, thereby preventing the victim from driving the vehicle ahead of the center line and threatening the victim by rapidly stopping the vehicle.

Accordingly, the defendant carried a motor vehicle, which is a dangerous object, and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Comprehensive details of vehicle taxes (C);

1. He/she shall submit booms and video CDs;

1. Investigation report (Attachment to the victim's submission booms, screen pictures and caps) and black video CDs (the defendant did not have any intention or motive to threaten the victim);

Although the facts charged are asserted, the evidence presented in the judgment, in particular, at the time when the defendant and the victim shown in each black screen image, that is, the defendant gets light by driving in retaliation against the victim's kising, tried to drive away even after the victim's kising, and attempted to overtake immediately after the overtaking, in an unreasonable way to prevent the front of the victim's vehicle in a dangerous way to stop the vehicle on the center line, and the father of the 1st degree of intellectual disability and the father of the aged in addition to the victim's vehicle at the time.

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